Shute v. State

OPINION

ELLIS, Justice.

Appellant John Lee Shute, appeals the trial court’s denial of his writ of habeas corpus claiming the prosecution for the attempted murder involving the same purported act and complainant is barred by double jeopardy where appellant had been acquitted of the same offense. We reverse the trial court’s judgment and order the indictment in the attempted murder case dismissed.

Appellant was initially convicted in a trial to the court of attempted capital murder of a peace officer. He was sentenced to thirty-five years confinement in the Institutional Division of the Texas…